Cop Disarms Burglary Victim for Her “Safety”

[jsebens]

First, every state has different laws, so you need to bear that in mind when reading different answers.

Second, IN OHIO, officers have the authority to disarm citizens during official business (usually traffic stops). I'm not saying it's a good or bad idea, and I'm not saying that all (or even most) of us do it, but it can legally be done at the discretion of the officer.

[tracker722]

Man...talk about hunting a baited field.

I will say this. Depends on the situation. There are so many variables and possibilities that I don't even know how to give you an answer.

[Submariner]

Armchair quarterbacking the officer in question is bad policy; I'll freely admit that there may have been a better way of doing things, but there are many worse ways as well. Let's view this as an educational and training opportunity.

Do you disagree with the concept of a civilian police review board such as is available in Las Vegas? Would this constitute "armchair quarterbacking" in your view? Is that not a reasonable venue to determine if "education and training" are necessary?

[Marcus L.]

I've noticed that women are on "average" not as sympathetic to civilian gun carry as men are. Pretty much all officers have a tolerance violation that we are more lax with dishing out fines to, and we have pet peeves that we never let go. Women officers on "average" tend to have firearms possession as their pet peeve.

I'm not being sexist or anything.......hell my wife is a cop too. Just an observation I've had over the years.

[decodeddiesel]

It's unlikely that a lawsuit would get anywhere. The courts would probably view an officer treating an armed individual with caution as a legitimate officer safety concern.

I think the unlawful incarceration of Mr. Mitchener by restraining him with handcuffs and placing him in the cruiser against his will would be the lawsuit worthy actions in this case.

[jsebens]

Do you disagree with the concept of a civilian police review board such as is available in Las Vegas? Would this constitute "armchair quarterbacking" in your view? Is that not a reasonable venue to determine if "education and training" are necessary?

My point was not directed at a police review board in any way. While I'm not familiar with that particular board, the concept is not new, and has been exercised in many cities and states.

I am personally not willing to criticize that officer's actions, as I wasn't there, and I didn't deal with the subject. I think that anyone who is not a) on the review board, b) in the officer's chain of command, or c) present at the scene, should keep in mind that he/she likely does not have the whole story (and perhaps not even then). "Armchair quarterbacking", to me, refers to "Well, I would (or wouldn't) have done this", not a review by qualified and informed professionals.

[jsebens]

I think the unlawful incarceration of Mr. Mitchener by restraining him with handcuffs and placing him in the cruiser against his will would be the lawsuit worthy actions in this case.

That would be my guess as well.

[ST911]

The officer's conduct was not unlawful, not outside of most policies on this type of thing, and successful litigation is highly unlikely.

There was a much better way to handle it. This is a training and supervision issue. Perhaps even a personal one for the officer, too.

Raising RKBA arguments at the road side is probably the best way to bring a halt to effective communication with the officer. Make argument in court, with IA, with the Chief, or with the media. If you've found ourself in an opposing view on guns with the cop, chances are he will give your argument the same reception as those he hears from a stoner preaching about the legalization of marijuana.

I don't disclose my armed status unless there's a seriously compelling reason to do so, or detection is imminent. Some may find it better to disclose, depending on their competency and preparation in CCW.

Unfortunate event for officer and citizen, but an educational one.

[jsebens]

I've noticed that women are on "average" not as sympathetic to civilian gun carry as men are. Pretty much all officers have a tolerance violation that we are more lax with dishing out fines to, and we have pet peeves that we never let go. Women officers on "average" tend to have firearms possession as their pet peeve.

I'm not being sexist or anything.......hell my wife is a cop too. Just an observation I've had over the years.

You know, before I went to the academy, I only had one run-in with a police officer while I was carrying (a traffic accident); she was remarkably cool about it when I informed her. I think her exact words were something like "Well, don't f**k with it, and I won't care". Obviously, this is a sample size of 1; I'm just fortunate that I had such a good experience.

[John_Wayne777]

First, every state has different laws, so you need to bear that in mind when reading different answers.

Second, IN OHIO, officers have the authority to disarm citizens during official business (usually traffic stops). I'm not saying it's a good or bad idea, and I'm not saying that all (or even most) of us do it, but it can legally be done at the discretion of the officer.

I think in most jurisdictions the idea of officer safety can be stretched to cover disarms.

Q: Is a person with a gun a potential concern to the officer?
A: Yes
Objection: But the person with a gun is a good guy!
Response: How does the officer know that for sure?

My SOP when dealing with the police is to hand them my permit on top of my DL. Reactions have ranged from seeming to take no notice to the other extreme of asking where I have the weapon. I know of a couple of instances where an officer has disarmed the individual, but those are the exception rather than the rule in my observation. Generally everybody is better off if everybody's gun stays in the holster. That way nobody gets hurt.

If an officer does decide to disarm me, I'll cooperate. I won't like it...but I will be polite and professional and I will cooperate. It's a short trip from dude with a gun to uncooperative dude with a gun to potential threat (especially if the officer is panicky about the presence of a firearm in the first place) and that's trouble I don't want or need.

Further, it's a bad idea to try and argue with the officer on the side of the road. If you are polite, professional, and cooperative the officer is going to be much more willing to listen and much less likely to really hassle you much. Yes, you may have to put up with something annoying, but I can deal with being annoyed and hopefully demonstrate to the officer that their fears were completely unfounded. Hopefully that helps inform the way they interact with the next guy.